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Divided Argument

Originalism Hulk

Divided Argument

Will Baude & Dan Epps

Constitution, Constitutional Law, News, Law, Politics, Supreme Court, Government, Legal System, Supreme Court Of The United States, U.s. Supreme Court, Scotus, Supreme Court Justice

4.9676 Ratings

🗓️ 9 August 2025

⏱️ 87 minutes

🧾️ Download transcript

Summary

Continuing our long slog through the end-of-Term opinion dump, it's fraud day! We dig into Kousisis v. United States and Thompson v. United States, two interesting federal criminal law puzzles.

Transcript

Click on a timestamp to play from that location

0:00.0

Oh, yay, oh, yay, oh, yay, oh, yay.

0:03.4

The judicial power of the United States shall be vested in one Supreme Court.

0:08.1

Unless there is any more question to be able to find an argument in this case.

0:10.9

All persons having business before the Honorable, the Supreme Court of the United States, are in honorous to give their attention.

0:20.1

Welcome to Divide an Argument, an unscheduled, unpredictable,

0:24.1

Unpredictable Supreme Court podcast. I'm Will Bode.

0:26.5

And I'm Dan Epps.

0:27.8

This is a big episode for us, Will.

0:30.5

Why?

0:31.3

This is episode 25 of season five, and this ties our record for a number of episodes in a season. I didn't even,

0:41.3

we weren't really trying for that. It just happened. You know, we were going with the flow,

0:46.5

and then I checked the episode list, and it turned out we had already hit 25, and it's barely

0:52.7

August. And we got a slow start, if you recall,

0:56.4

episode one, I think was a precedent setting late December 17th. Is that right? I knew we,

1:03.8

I knew there was a long delay. I'd blocked from my memory that it was actually, it was December

1:09.1

17th. Is that really true? Yeah, and episode two was January 19th is that is that really true yeah and episode

1:11.4

two was January 19th the day before the inauguration so that's not great i think we've been maybe

1:16.7

subconsciously feeling guilty or just feeling like we had a lot pent up so we've been on a roll yeah

1:21.9

and also it's a lot easier to do these episodes where we talk about opinions versus the case previews.

1:29.1

Yes.

1:30.3

You know, I don't even remember why. Why were we so slow?

1:34.7

Case previews are kind of, I find, you know, like you can see the case ultimately.

...

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